1983-1988-BY-LAWS - Laserfiche WebLink

Home Browse Search

i I ! �Tgl Section 4. 3. 5 The Commission may, as an alternative to a denial, AN impose such conditions as it deems necessary to contribute to therotection and p preservation of y subject lands in accordance with purposes of this by-law. Any Order of Conditions issued under this I' w „n by-law shall be subject to the same constraints s and be identical to any such order issued by the Mashpee Conservation Commission, under the provi- sions of Massachusetts General Laws, Chapter 131, Section 40, as amended. Section 4. 3. 6 The sixty-day notice required by the first para- graph of this by-law shall not apply to emergency projects necessary for the protection of the health and safety of the citizens of Mashpee and to be per- formed by an administrative agency of the Common- wealth or by the Town. Emergency projects shall mean any projects certified to be an emergency by the Commissioner of the Department of Natural Re- sources and the Conservation Commission, if this j by-law and Massachusetts General Laws , Chapter 131, �. Section 40, are both applicable . In no case, shall any filling, dredging or altering commence prior to any emergency certification nor extend beyond the u time necessary to abate the emergency. Article 4. 4 Removal of Soil, Sand and Gravel and Sand Pits Section 4. 4. 1 No top soil, sub soil, gravel, sand or other earth may be removed from the Town of Mashpee without first having obtained a permit from the Selectmen. A permit with conditions imposed where necessary may be issued for the removal of top soil, sub soil, gravel, sand and other earth if the Selectmen, after a public hearing, shall so order, provided that no such permit shall be granted except upon written application and after a public hearing of parties interested and consideration of their evidence by the Selectmen. Notice of said hearing shall be given by publication of the time and place thereof in a local newspaper not less than two weeks before said hearing, the expense of publication to be borne by the petitioner. After such a hearing, the Select- men shall render a decision in writing, stating the decision and the reason thereof, and file the deci- sion with the Town Clerk and send a copy thereof to the applicant. Such permit may be removed. -21-